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When Is a Property Owner Liable for a Slip and Fall Accident?

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Posted on: January 17, 2018

When Is a Property Owner Liable for a Slip and Fall Accident?

Everyone slips or trips on occasion. Fortunately, in most scenarios, the greatest damage incurred is embarrassment.

Sometimes a slip and fall is more serious, though, and the victims cannot simply brush themselves off and continue on their way. Depending on the circumstances of the fall, it is possible to sustain severe injuries. Some of the more common slip and fall injuries include:

  • Head injuries;
  • Hip fractures;
  • Spinal cord injuries;
  • Back injuries;
  • Shoulder injuries;
  • Fractures; and
  • Sprains.

In cases that involve severe injuries like those listed above, clumsiness is rarely the cause of the incident. Instead, there is usually some underlying factor that contributed to the fall, like a broken railing, wet floor, or uneven step. If you were hurt in a slip and fall accident on someone else’s property but are not sure how to prove liability, turn to Laborde Earles Injury Lawyers.

Our legal team is part of various leading professional organizations, including The National Trial Lawyers Top Trial Lawyers and the Lafayette Bar Association. Call 800-522-6733 to schedule a free case evaluation with a skilled personal injury lawyer in Lafayette.

When Is a Property Owner Liable for a Slip and Fall Accident?

Property owners have an obligation to maintain their premises to a safe and reasonable standard. In general, they are liable for slip and fall accidents that occur as the result of their failure to maintain the site, but there are some exceptions. At the end of the day, landlords and business owners have a different duty of care to different individuals who might visit their premises.

According to the American Bar Association, property owners have the highest duty of care to invitees, or those who were invited to be on the premises. This “invitation” can be expressed or implied.

When invitees will be present, the owners must inspect the property periodically and address any hazards in a timely fashion. If they cannot fix potential hazards immediately, they must warn invitees of the danger in a clear and obvious way.

Property owners owe a lesser duty of care to licensees, or those who are on site for their own purposes and not to conduct business. Licensees might include salesmen and social guests.

They may not have been invited, but they have the owner’s permission to stay. You do not have to inspect the premises as often for any hazards when licensees are on site, but you do have to post clear warning signs for them if any dangers exist.

A trespasser is someone who does not have permission to be on the property at all. In most cases, owners have no obligation to assure the safety of the premises for trespassers; however, they cannot take measures to make the property more dangerous, either.

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If you were injured in a slip and fall accident while on someone else’s premises as the invitee or licensee, you may be entitled to compensation for medical bills, lost income, and pain and suffering. Turn to Laborde Earles Injury Lawyers to determine if you have grounds for a claim. Contact us online or call 800-522-6733 to schedule a free consultation with a personal injury attorney in Lafayette.

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